Item 1-I
City Council Meeting: July 10, 2001 Santa Monica, California
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TO: |
Mayor and City Council |
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FROM: |
City Staff |
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SUBJECT: |
Resolution In Opposition To Senate Bill 974 |
Introduction
On February 23, 2001, Senator Tom Torlakson
introduced Senate Bill 974 (SB 974) which would apply the Public Contract Code
to charter cities, such as Santa Monica, unless specific ordinances are adopted
that directly conflict with the code. This bill would limit the flexibility
that Santa Monica enjoys as a charter city to enact those regulation, policies
and procedures deemed necessary to best meet the unique needs of the community.
This report recommends adopting the attached resolution in opposition of the
measure.
Discussion
The City of Santa Monica has various
regulations and policies in place that affect how contracts are awarded and
administered within the City that have been adopted to address various
community concerns. Currently, the state constitution "home rule"
doctrine allows city charters to take precedence over state statute in areas of
local concern. SB 974 would require the City to follow the Public Contract Code
"…in the absences of a specific exemption or a direct conflict with a city
charter." In addition to limiting the local control Santa Monica currently
enjoys over the administrating of public contracts, this bill would require the
allocation of resources to analyze each section of the Public Contract Code,
City Charter and Municipal Code in order to enact the specific exemptions or
ordinances necessary to preserve the best interest of the community that the
current system provides.
In addition, the League of California Cities
analyst has determined that passage of this bill would cause numerous
unnecessary lawsuits and legal disputes over whether or not the City’s
ordinances conflict with the Public Contracts Code. This could potentially add
to the expense incurred by the City if this bill is passed.
Budget/Financial Impact
Adoption of this resolution does not have
any direct budget or financial impacts, however, should this legislation be
adopted by the state, future City costs are likely to increase by an unknown
amount.
Recommendations
Staff recommends that the Council adopt the
attached resolution in opposition of Senate Bill 974.
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Prepared by: |
Craig Perkins, Director of Environmental
and Public Works Management |
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Attachments: |
Resolution – see attached below: |
RESOLUTION
NUMBER (CCS)
CITY
COUNCIL SERIES
A
RESOLUTION OF THE CITY COUNCIL OF
THE
CITY OF SANTA MONICA IN OPPOSITION TO SENATE
BILL
974 - AMENDMENT TO THE PUBLIC CONTRACT CODE
WHEREAS,
the City of Santa Monica currently has the authority and duty to respond to
local concerns and to provide rules that best meet the needs of the community;
and
WHEREAS,
the constitutional "home rule" doctrine grants precedence to a city
charter over a conflicting state statute in areas of local concern and thereby
provides the flexibility for charter cities to exercise local control; and
WHEREAS,
Senate Bill 974 specifies that the Public Contract Code is the basis of
contracts between most pubic entities and their contractors and subcontractors
and that this code applies to charter cities in the absence of a specific
exemption or ordinance that is in direct conflict with the relevant provision
of the code; and
WHEREAS,
Senate Bill 974 would cause city ordinances now in place to be rewritten by
state law, causing unnecessary confusion over which law applies; and
WHEREAS,
the current system allows the City of Santa Monica the flexibility to adopt
ordinances, regulations, policies and procedures which address the specific
concerns of the community,
NOW,
THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS
FOLLOWS:
SECTION 1. The City of Santa of Santa Monica
opposes Senate Bill 974, which will limit the flexibility to respond to
community concerns and provide rules which best meet the needs of the City.
SECTION 2. The City Clerk shall certify to
the adoption of the resolution, and thenceforth and thereafter the same shall
be in full force and effect.
APPROVED AS TO FORM:
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MARSHA JONES MOUTRIE
City Attorney